Anderson Questions Scope Of Polls Law

New Elections Chief May Reinterpret 50-foot Limit

November 27, 2004|By Missy Stoddard Staff Writer

Palm Beach County Supervisor of Elections-elect Arthur Anderson said he's open to changing the interpretation of a state law that keeps reporters and others at least 50 feet from people standing in line to vote.

"All too often the statute regarding these matters are vague and open to interpretation, or misinterpretation, and I would think we can come up with a mutually agreeable solution," Anderson said of Supervisor of Elections Theresa LePore's interpretation of a state law.

LePore's interpretation led to the arrest of a freelance journalist as well as a lawsuit.

"I think we should just move forward and avoid the litigation process," Anderson said Friday.

LePore and the Palm Beach County sheriff were slapped with a lawsuit Nov. 1 following the Oct. 31 arrest of New York freelance journalist James Henry. Deputies charged Henry with disorderly conduct and resisting arrest for refusing to stop photographing voters waiting outside the elections office. Henry is scheduled to appear in court Dec. 6.

People for the American Way has alleged that LePore and sheriff's deputies infringed on the First Amendment rights of Henry and the coalition's volunteers, who they say were prevented from talking to voters and passing out literature.

Florida law prohibits journalists and anyone else deemed to be a "solicitor" -- such as party representatives and nonpartisan groups -- from approaching voters within 50 feet of a polling site. LePore interpreted that law to mean that the 50-foot perimeter extends to the last person in line. The American Civil Liberties Union has called LePore's interpretation and Circuit Court Judge David Crow's ruling defending it an affront to the First Amendment.

"That's why God created appellate courts," said Howard Simon, executive director of the ACLU of Florida.

Jacob Rose, who represents People for the American Way, could not be reached for comment Friday. Simon said he has been unable to find out from Rose whether an appeal of the judge's ruling is in the works.

The most expeditious way to resolve that matter would be through Anderson, Simon said.

"Given the speed at which the legal system typically moves and the fact that a new supervisor [of elections] with a more reasonable interpretation of state law is about to take office, I think this matter is more likely to be resolved outside of the courts," he said. "I just want this silly interpretation of state law by Theresa LePore to go away as soon as possible so the First Amendment rights of reporters and everyone else are not restricted."

Should People for the American Way choose to appeal Crow's ruling, Simon said, the ACLU would be willing to file a supporting brief. Simon said other ways to address the issue would be suing LePore and the Palm Beach County Sheriff's Office for civil rights violations or getting Henry's criminal case dismissed on the grounds that the law under which he was arrested is unconstitutional. But having Anderson re-interpret the law would be easiest.

Though he wouldn't definitively say he would reverse LePore's interpretation of the 50-foot perimeter law, Anderson said that shortly after he takes office on Jan. 4, he plans to hold a forum with the media to discuss issues of concern, including that topic.

"I'd rather for the court to concern itself with matters that are unresolvable from parties," Anderson said. "I reserve comment, but I'm definitely open to fully exploring the options."

Missy Stoddard can be reached at mstoddard@sun-sentinel.com or 561-832-2895.